I  A  +  &302> 


<B.  A.  I.  Order  302) 


DOCUMENTS  Oc^. 


L 


U.S.  DEPOSITORY 


U.  S.  DEPARTMENT  OF  AGRICULTURE 

BUREAU  OF  ANIMAL  INDUSTRY 


REGULATIONS  GOVERNING  THE  APPRAISEMENT  OF  TUBERCULOUS 
AND  PARATUBERCULOUS  ANIMALS  AND  EXPENDITURES  OX 
ACCOUNT  OF  THE  CONTROL  AND  ERADICATION  OF  TUBERCU- 
LOSIS AND  PARATUBERCULOSIS  OF  ANIMALS 

Effective  on  and  after  July  1,  1927 


United  States  Department  of  Agriculture, 

Office  of  the  Secretary, 
Washington,  D.  C,  February  lo.  1927. 
Under  the  authority  conferred  by  law  upon  the  Secretary  of  Agriculture  the 
following  regulations  are  hereby  prescribed,  to  govern  the  condemnation, 
slaughter,  or  death  after  condemnation  of  animals  and  expenditures  on  account 
of  the  control  and  eradication  of  tuberculosis  and  paratuberculosis  of  animals, 
which  for  purposes  of  identification  are  designated  as  B.  A.  I.  Order  302,  and 
shall  supersede  B.  A.  I.  Order  282,  dated  February  9.  1923.  and  all  amendments 
thereto. 

These  regulations  shall  become  and  be  effective  on  and  after 
July  1.  1927. 


^1/     ^Pt       0** 


Secretary. 


^ 


Regulation    1.— DEFINITIONS 

For  the  purpose  of  these  regulations  the  following  words,  names,  and  terms 
shall  be  construed,  respectively,  to  mean : 

Section  1.  The  department :  The  United  States  Department  of  Agriculture. 

Sec  2.  The  Secretary :  The  Secretary  of  Agriculture  of  the  United  States. 

Sec  3.  The  bureau :  The  Bureau  of  Animal  Industry  of  the  United  States 
Department   of  Agriculture. 

Sec  4.  Diseases :  Tuberculosis  and  paratuberculosis  of  animals. 

Sec  5.  Bureau  employees ;  Inspectors  and  all  other  individuals  employed 
in  the  bureau  who  are  authorized  by  the  chief  of  bureau  to  do  any  work  or 
perform  any  duty  in  connection  with  the  arrest  and  eradication  of  diseases 
of  animals. 

Sec  6.  Accredited  veterinarians:  Veterinarians  accredited  by  State  and 
bureau. 

Sec  7.  Destroyed :  Condemned  and  destroyed  by  slaughter  or  by  death 
otherwise. 


Regulation    2. 


-COOPERATION    WITH    STATES,    TERRITORIES,    COUNTIES,    AND 
MUNICIPALITIES 


Upon   determination   by   the    Secretary   of   Agriculture   of   the   existence   of 
tuberculosis    or   paratuberculosis    in    any    State,    Territory,    county,    or    muni- 
cipality, the  chief  of  bureau  will  invite  the  proper  authorities  of  such  State, 
34816°— 27 


Territory,   county,   or  municipality  to  cooperate   with   the   department   in   the 
control  and  eradication  of  such  diseases. 

Regulation   3.— COOPERATIVE   AGREEMENTS 

Section  1.  If  it  appears  to  be  necessary,  for  the  control  or  eradication  of 
tuberculosis  or  paratuberculosis  of  animals,  to  destroy  animals  affected  with 
either  disease,  and  to  compensate  owners  for  loss  thereof,  the  chief  of  bureau 
is  authorized  within  his  discretion  to  agree,  on  the  part  of  the  department, 
with  the  State,  Territory,  county,  or  municipality,  to  pay  not  to  exceed  one- 
third  of  the  difference  between  the  appraised  value  of  each  animal  so  de- 
stroyed and  the  value  of  the  salvage  thereof:  Provided,  however,  That  in  no 
case  shall  any  payment  by  the  department  be  more  than  $25  for  any  grade 
animal,  nor  more  than  $50  for  any  purebred  animal. 

Sec  2.  No  payment  by  the  department  shall  exceed  the  amount  paid  or  to 
be  paid  by  the  State.  Territory,  county,  or  municipality  where  the  animal 
shall  be  condemned. 

Regulation   4.— APPRAISAL   OF   ANIMALS 

Section  1.  Animals  affected  with  tuberculosis  or  paratuberculosis  shall  be 
appraised  by  a  representative  of  the  bureau  or  a  cooperating  representative 
of  the  State,  Territory,  county,  or  municipality,  if  the  owner  refuses  to 
accept  such  appraised  value,  the  animals  shall  be  appraised  in  accordance 
with  the  laws  and  regulations  of  the  State  or  Territory  in  which  the  animals 
are  condemned. 

Sec.  2.  Bureau  inspectors  in  charge  of  the  work  of  eradication  of  tuberculosis 
or  paratuberculosis  in  any  State  or  Territory  or  in  any  part  thereof  may  act 
as  appraisers  of  animals  and  may  detail  competent  bureau  employees  under 
their  direction  to  act  as  appraisers. 

Sec  3.  In  the  appraisal  of  tuberculous  or  paratuberculous  animals  due 
consideration  shall  be  given  to  their  breeding  value  as  well  as  to  their  dairy 
or  meat  value. 

Sec  4.  Appraisals  of  animals  shall  be  reported  on  forms  furnished  by  the 
bureau  (T.  E.  Form  23,  Revised).  Reports  of  appraisals  shall  show  the  num- 
ber of  animals,  the  value  of  each  per  head,  and  shall  be  signed  by  the  appraiser 
or  appraisers  and  approved  by  the  bureau  inspector  in  charge.  The  names  and 
registry  numbers  of  all  purebred  animals  shall  be  shown  except  in  cases  where 
owners  thereof  shall  present  other  evidence  to  the  satisfaction  of  the  chief  of 
bureau  that  such  animals  are  in  fact  purebred.  The  T.  E.  Form  23  (Revised) 
shall  show  the  amount  paid  or  to  be  paid  by  the  State.  Territory,  county,  or 
municipality  for  said  animals,  and  it  shall  be  signed  by  a  duly  authorized 
official  of  the  State,  Territory,  county,  or  municipality  making  partial  payment 
for  said  animals.  The  T.  E.  Form  23  (Revised)  shall  be  signed  by  the  owner 
of  the  said  animals  certifying  that  the  appraisal  is  accepted  by  him,  and  that 
the  amounts  due  him  from  the  United  States  and  the  State,  Territory,  county, 
or  municipality  are  correct.  One  copy  of  T.  E.  Form  23  (Revised)  shall  be  sub- 
mitted to  the  bureau  with  the  claim  and  one  copy  shall  be  retained  by  the 
bureau  inspector  in  charge  who  approves  the  claim.  Additional  copies  may  be 
prepared  and  furnished  to  the  State,  Territory,  county,  or  municipal  officials 
if  required.     One  copy  may  also  be  furnished  the  owner. 

Sec  5.  The  tuberculous  or  paratuberculous  animals  shall  be  destroyed  within 
30  days  of  date  of  appraisal,  except  that  in  extraordinary  and  meritorious 
cases  and  at  the  discretion  of  the  chief  of  bureau,  said  time  limit  of  30  days 
may  be  waived,  and  a  report  of  the  salvage  derived  from  the  sale  of  such 
animals  shall  be  made  on  T.  E.  Form  24,  which  form  shall  be  signed  by  the 
purchaser  or  his  agent  or  by  the  selling  agent  handling  said  animals.  In  the 
event  that  the  animals  are  not  disposed  of  through  regular  slaughterers  or 
through  selling  agents,  in  lieu  of  rhe  T.  E.  Form  24  the  owner  shall  furnish  an 
affidavit  showing  the  amount  of  net  salvage  obtained  by  him,  and  certify  that 
said  amount  is  all  that  he  has  received  or  will  receive  as  salvage  for  said 
animal  or  animals.  The  salvage  is  the  net  amount  received  for  the  animal. 
Freight,  yardage,  commissions,  slaughtering  charges,  etc.,  may  be  deducted, 
but  any  charges  for  holding  the  animals  on  the  farm  pending  slaughter  shall 
not  be  deducted,  and  any  such  charges  will  not  be  paid  by  the  department. 
One  copy  of  T.  E.  Form  24  or  the  affidavit  which,  as  set  forth  above,  may  be 
furnished  in  lieu  thereof,  shall  be  submitted  to  the  bureau  with  the  claim  and 


one  copy  shall  be  retained  by  the  bureau  inspector  in  charge  who  approves  the 
claim.  Additional  copies  may  be  prepared  and  furnished  to  the  State,  Territory, 
county,  or  municipal  authorities,  if  required. 

Regulation   5.— MORTGAGE   AND   OTHER   LIENS 

When  animals  have  been  destroyed  pursuant  to  these  regulations,  the 
inspector  in  charge  shall  take  reasonable  precautions  to  determine  prior  to 
his  approval  of  vouchers  in  which  compensation  therefor  is  claimed,  who 
is  the  owner  of,  and  whether  there  are  any  mortgage  or  other  liens  outstanding 
against  the  animals.  If  it  appears  that  there  are  outstanding  liens  a  full 
report  regarding  same  shall  be  made  and  shall  accompany  the  voucher.  Every 
such  report  shall  include  a  description  of  the  liens,  the  name  of  the  person  or 
persons  having  possession  of  the  documentary  evidence  thereof,  and  a  statement 
showing  what  arrangements,  if  any.  have  been  made  to  discharge  the  liens 
outstanding  against  the  animals  destroyed,  of  which  the  inspector  in  charge 
may  have  knowledge. 

Regulation    6.— EXPENSE    OF    DISINFECTION    OF    PREMISES    AND    CONVEYANCES 

Stockyards,  pens,  cars,  vessels,  and  other  premises  and  conveyances  will  be 
disinfected,  whenever  necessary  for  the  eradication  of  tuberculosis  and  para- 
tuberculosis,  by  the  owners  thereof  at  their  expense,  under  the  supervision  of 
bureau  or  State  employees. 

Regulation   7.— CLAIMS   NOT   ALLOWED 

Section  1.  No  payment  shall  be  made  for  any  animals  destroyed  on  account 
of  tuberculosis  or  paratuberculosis  unless  the  owner  has  complied  with  all  law- 
ful quarantine  regulations,  and  unless  the  owner  shall  have  executed  the  forms 
required  by  these  regulations. 

Sec.  2.  The  department  will  not  allow  claims  arising  out  of  the  condemnation 
of  animals  for  tuberculosis  or  paratuberculosis  on  a  tuberculin  or  Johnin  test 
applied  by  other  than  a  bureau  veterinary  inspector,  a  cooperating  regularly 
employed  State.  Territorial,  county,  or  municipal  veterinary  inspector,  or  an 
accredited  veterinarian. 

Sec.  3.  Xo  compensation  will  be  paid  to  owners  of  tuberculous  or  paratuber- 
culous  animals  except  for  animals  in  States.  Territories,  counties,  or  munici- 
palities in  which  cooperative  tuberculosis  and  paratuberculosis  eradication 
work  is  being  conducted. 

Sec  4.  The  department  will  not  allow  claims  arising  out  of  the  condemnation 
of  animals  for  tuberculosis  or  paratuberculosis  on  a  tuberculin  or  Johnin  test 
applied  by  an  accredited  veterinarian  unless  specific  instructions  have  been 
issued  to  the  accredited  veterinarian  and  signed  by  the  proper  State  and 
Federal  authorities. 

Sec  5.  Xo  compensation  will  be  paid  to  any  owner  of  tuberculous  or  para- 
tuberculous  animals  whose  entire  herd  is  not  under  Federal  and  State  super- 
vision for  the  eradication  of  tuberculosis  or  paratuberculosis. 

Sec  6.  Xo  compensation  will  be  paid  to  any  owner  for  tuberculous  or  para- 
tuberculous  animals  destroyed  in  any  State.  Territory,  county,  or  municipality 
which  does  not  by  law  or  by  suitable  action  in  keeping  with  its  authority  in  the 
matter,  and  by  rules  and  regulations  adopted  and  enforced  in  pursuance 
thereof,  provide  inspection  of  tuberculous  or  paratuberculous  animals  and  for 
compensation  to  owners  of  animals  so  destroyed. 

Sec.  7.  Xo  payment  shall  be  made  for  any  animal  or  animals  destroyed  on 
account  of  tuberculosis  or  paratuberculosis  except  in  cooperation  with  and 
supplementary  to  payments  to  be  made  by  the  State,  Territory,  county,  or 
municipality. 

Sec  S.  Xo  compensation  will  be  paid  until  all  infected  premises  have  been 
properly  cleaned  and  disinfected  in  accordance  with  the  recommendations 
of  the  proper  State  or  bureau  official. 

Sec  9.  Xo  compensation  will  be  paid  for  tuberculous  or  paratuberculous 
steers  nor  will  compensation  be  paid  for  bulls  which  are  not  purebred. 

Sec  10.  Xo  indemnity  will  be  paid  on  any  animal  if  introduced  into  a  herd 
under  supervision  within  a  period  of  less  than  six  months  prior  to  condemna- 
tion, unless  said  animal  was  obtained  from  a  herd  under  State  and  Federal 
supervision  for  the  eradication  of  tuberculosis  or  paratuberculosis. 


UNIVERSITY  OF  FLORIDA 


3  1262  08925  9245 


Sec.  11.  No  payment  shall  be  made  for  any  animals  destroyed  on  account 
of  tuberculosis  or  paratuberculosis  unless  the  animals  shall  be  marked 
for  Identification  by  branding  the  letter  "  T  "  on  the  left  jaw,  not  less  than 
two  nor  more  than  three  inches  high,  and  by  attaching  to  the  left  ear  a  metal 
tag  bearing  a  serial  number  and  the  inscription  "  U.  S.  B.  A.  I.  Reactor,"  or 
a  similar  State  reactor  tag. 

Sec.  12.  No  claim  for  compensation  for  the  destruction  of  animals  on  ac- 
count  of  tuberculosis  or  paratuberculosis  shall  hereafter  be,  paid  or  allowed 
under  the  regulations  contained  in  B.  A.  I.  Order  237,  dated  March  19,  1915, 
but  all  such  claims  shall  be  presented  and  paid  pursuant  to  and  in  compliance 
with  the  regulations  contained  in  this  order. 


Extract  from  "An  Act  Making  Appropriations  for  the  Department  of  Agriciltirh 
for  the  Fiscal  Year  Ending  June  30,  1928,  and  for  Other  Purposes,"  Approved 
January  18,  1927.      (Pdbuc  552,  69th  Cong.) 

For  investigating  the  diseases  of  tuberculosis  and  paratuberculosis  of  animals  for  their 
control  and  eradication,  for  the  tuberculin  testing  of  animals,  and  for  researches  con- 
cerning the  causes  of  the  diseases,  their  modes  of  spread,  and  methods  of  treatment 
and  prevention,  including  demonstrations,  tbe  formation  of  organizations,  and  such  other 
means  as  may  be  necessarj',  either  independently  or  in  cooperation  with  farmers,  associa- 
tions, or  State,  Territory,  cr  county  authorities,  $5,964,000,  of  which  $1,086,000  shall 
be  set  aside  for  administrative  and  operating  expenses  and  $4,878,000  for  the  payment 
of  indemnities,  of  which  $1,192,000  shall  be  immediately  available:  Provided,  however. 
That  in  carrying  out  the  purpose  of  this  appropriation,  if  in  the  opinion  of  the  Secretary 
<  f  Agriculture  it  shall  be  necessary  to  condemn  and  destroy  tuberculous  or  para- 
luberculous  animals,  if  such  animals  have  been  destroyed,  condemned,  or  die  after 
condemnation,  he  m'ay.  in  his  discretion,  and  in  accordance  with  such  rules  and  regula- 
tions as  he  may  prescribe,  expend  in  the  city  of  Washington  or  elsewhere  such  sums  as  he 
shall  determine  to  be  necessary,  within  the  limitations  above  provided,  for  the  payment 
of  indemnities,  for  the  reimbursement  of  owners  of  such  animals,  in  cooperation  with 
such  States,  Territories,  counties,  or  municipalities,  as  shall  by  law  or  by  suitable  action 
in  keeping  with  its  authority  in  the  matter,  and  by  rules  and  regulations  adopted  and 
enforced  in  pursuance  thereof,  provide  inspection  of  tuberculous  or  paratuberculous 
animals  and  for  compensation  to  owners  of  animals  so  condemned,  but  no  part  of  the 
money  hereby  appropriated  shall  be  used  in  compensating  owners  of  such  animals  except 
in  cooperation  with  and  supplementary  to  payments  to  be  made  by  State,  Territory, 
county,  or  municipality  where  condemnation  of  such  animals  shall  take  place,  nor  shall 
any  payment  be  made  hereunder  as  compensation  for  or  on  account  of  any  such  annua] 
if  'at  the  time  of  inspection  or  test,  or  at  the  time  of  condemnation  thereof,  it  shall 
belong  to  or  be  upon  the  premises  of  any  person,  firm,  or  corporation  to  which  it  has 
been  sold,  shipped,  or  delivered  for  the  purpose  of  being  slaughtered  :  Provided  further, 
That  out  of  tlie  money  hereby  appropriated  no  payment  as  compensation  for  any  animal 
condemned  for  slaughter  shall  exceed  one-third  of  the  difference  between  the  appraised 
value  of  such  animal  and  the  value  of  the  salvage  thereof  :  that  no  payment  hereunder 
shall  exceed  the  amount  paid  cr  to  be  paid  by  the  State.  Territory,  county,  and  muni- 
cipality where  the  animal  shall  be  condemned  ;  that  in  no  case  shall  any  payment 
hereunder  be  more  than  $25  for  any  grade  animal  or  more  than  $50  for  any  purebred 
animal,  and  that  no  payment  shall  be  made  unless  the  owner  has  complied  with  all  lawful 
quarantine  regulations. 


D.S.  GOVERNMENT  PRINTING  OFFICI 


